As used in this Article, the following terms
mean:
ENTER UNLAWFULLY or REMAIN UNLAWFULLY
A person enters or remains in or upon premises when he or
she is not licensed or privileged to do so. A person who, regardless
of his or her purpose, enters or remains in or upon premises which
are at the time open to the public does so with license and privilege
unless he or she defies a lawful order not to enter or remain, personally
communicated to him or her by the owner of such premises or by other
authorized person. A license or privilege to enter or remain in a
building which is only partly open to the public is not a license
or privilege to enter or remain in that part of the building which
is not open to the public.
TO TAMPER
To interfere with something improperly, to meddle with it,
displace it, make unwarranted alterations in its existing condition,
or to deprive, temporarily, the owner or possessor of that thing.
UTILITY
An enterprise which provides gas, electric, steam, water,
sewage disposal, or communication, video, internet, or voice over
internet protocol services, and any common carrier. It may be either
publicly or privately owned or operated.
A person commits the offense of reckless burning
or exploding if he/she recklessly starts a fire or causes an explosion
and thereby damages or destroys the property of another.
[CC 1996 § 205.060; Ord. No. 495, 11-9-1995]
A. Definitions. The following words or terms are, for
purposes of this Section, defined as follows:
APPLIANCES
Any mechanism, device, apparatus, or equipment designed primarily
for indoor household use, including, but not limited to: stoves, refrigerators,
ovens, microwave ovens, washing machines, clothes dryers, sewing machines,
televisions, and similar items.
BUILDING MATERIALS
Materials and substances used to erect, repair, remodel or
construct any building or structure, including, but not limited to:
lumber, windows, doors, window and door frames, roofing, siding, gutters,
drain spouts, bricks, flooring, and similar items.
FURNITURE
Any items of household furniture designed primarily for indoor
use, including, but not limited to: sofas, couches, divans, rocking
chairs, reclining chairs, ottomans, beds, mattresses, box springs,
desks, tables, and similar items, but excluding those items of furniture
designed primarily for outdoor use.
LAWN EQUIPMENT
Any device designed primarily for the cutting of grass, trees
or weeds, or for the planting, tilling or cultivation of lawns or
gardens, whether push, electric or gas powered, including but not
limited to chain saws, lawn mowers, tillers, garden tractors, lawn
seeders, fertilizer spreaders, including their component parts, and
other similar items.
B. It shall be unlawful for any person, firm or corporation
owning, leasing or being in possession of any real estate to collect,
display, place, store, or allow or suffer to be collected, displayed,
placed or stored upon such property any appliances, furniture, building
materials, or in excess of three (3) items of lawn equipment for any
period of time in excess of twenty-four (24) hours, except as follows:
1.
Within a house, garage, outbuilding, building
or other similar type structure otherwise allowed by the Zoning Code; or
2.
Within a storage bin or other structure, provided
that such storage bin or structure consists of a solid fence or wall
and such items are not clearly visible through such bin, and provided
further that such fence, wall structure or bin is of a type otherwise
allowed by the Zoning Code; or
3.
In the case of building materials, such materials
may be stored or placed on the property for a period of thirty (30)
consecutive calendar days, provided that such materials are currently
being used in the erection, repair or maintenance of any building
or structure located on the real estate where such building materials
are stored or placed.
C. This Section shall not apply to any owner, tenant,
or other person having possession of a commercial or business establishment
which offers or collects such items for sale at retail or wholesale,
provided that such business is in possession of a current business
license issued by the City or is otherwise exempt from obtaining same.
D. Any person found in violation of any of the provisions
of this Section may be fined an amount not to exceed the sum of five-hundred
dollars ($500.00). Each day that a violation shall continue shall
be deemed a separate offense.